Sunday, June 19, 2011

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  • suman
    12-17 09:45 AM
    Hi
    If i-485 gets denied then what should i be doing?
    Should i call the USCIS to find the reason for denial or Should i visit a lawyer?

    Is their any way that i can get my I-485 reopen?
    In how many days should i get my I-485 reopened?

    Please help i am in need!




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  • insbaby
    08-12 09:12 AM
    1. Check with your lawyer on this

    2. Do not send affidavit for Aug 20th. Then you end up with documents having two birthdates and affidavits for confirming both birthdates. Instead, just leave it and wait. You may or may not end up with an RFE.




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  • GC_newbee
    11-06 10:07 PM
    Any other ideas/suggestions friends?




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  • kpkrind
    05-05 11:04 AM
    My spouse was on h1 earlier, she is now on h4, however her h1 petion is expiring in Oct'09. Lets suppose she gets a job offer in Feb'10, does she have to apply for a fresh H1 or can she convert to H1 on which she was working earlier? My question is how long will she not be counted against the quota?

    Also, can any new employer file for her H1 or does it have to be a employer who has held her H1 previously?



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  • Templarian
    08-25 10:53 PM
    I tried, hes actually pretty hard to make: http://img209.imageshack.us/img209/3691/sonicld1.gif

    Someone else is going to have to do sonic sorry man.




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  • sac-r-ten
    01-30 11:43 AM
    Hello Sac-r-ten,

    Thanx a lot for your compliment. I had been following this forum online since 2007 july fiasco & this forum had given me lot of knowledge & helped me out to make the right decission whenever I was underguided or misguided by lawyers (very unfortunate though that we spend a lot on fee to give such professional people). I will always try to do my best if my knowledge can help any person like me who falls as a pray in the hands of immigration people.

    Anyways, if you don't mind, can you pls. explain the reason on what basis did they deny your I-140 application. You did mention on education basis, but can you pls. elaborate the reason. I am really tensed about it at my I-140 is pending since more then 2.5 years now. I also received an RFE on it & havn't heard about it since then.

    Your input might help me. Thank you in advance

    I have a BE in Electronics (4yrs) from reputed univ in india. they thought it is a 3 yr course and denied it. i did education eval and sent them all the semester marksheets, degree certificate (which i had sent in original I140 application as well) again along with the eval. How can they be so blind. all the hardships i went thru in my engg just flashed thru my eyes when they said they did not find it equivalent to their course done here.

    Anyways,I am relieved that at least i have a H1 now for few more yrs.

    All the best to you.



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  • prioritydate
    08-14 01:02 PM
    A US company is a US company, be it Microsoft, or Cap Gemini, or whatever. For all you know, you may be working with Oracle's consulting division. Are you considered direct employee for Oracle or from a consulting company?

    I have friends from Microsoft and Oracle who just got approved after 7 years + in EB2. I also know people from Consulting companies who got approved in 4 years.

    I do not think there is any logic or facts to support this argument.

    Well, I didn't said that I just proved my theory. It was just an assumption.




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  • prioritydate
    08-14 12:57 PM
    I support the theory part of your concept, but I dont think USCIS has the capability to implement it. I would rather say that , The earlier stages Labor and 140 might be more appropriate to apply your theory, wherein direct employees with bigger organizations will have faster approvals, which indirectly would makes their adjustment of status faster.

    Also, as mentioned in the earlier post, being proactive with your case and having a good lawyer also affect the speed at which case is processed.

    Ok. I added another clause. I-140, name check etc are approved.



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  • p_kumar
    12-04 11:09 PM
    Eyes already on citizenship!. appreciate your optimism.:D




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  • jotv
    11-19 12:32 PM
    i am going for the h1 stamping first time . in form 156 how long do you intend to stay in usa ? for that i wrote 3 years . is it ok ? and my sister is also in usa .so for one question i wrote the same thing because we should be honest thats why.

    here what my question is will the interview people think that i wont come back to home coutry because of 3years and sister ?

    should i take any guarantee supporting letter from my parents if yes how is the format ? please answer with your experiences? i appriciate your help .



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  • jk333
    07-17 06:37 PM
    I pledge to contribute $200 once I get the receipt notice

    Why not now..instead of later?




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  • pnc
    08-02 12:52 PM
    Does anyone has any update about this Amendment?



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  • dallasdude
    09-25 04:42 PM
    They forgot to metion one more track, "Are you jewish?", as they have lots of programs for jewish people to migrate into united states. I was suprised to meet so many of so called jews in my office from all over the world (mainly from Russia, Ukarine and such..) who come in through those programs. They are eligible to apply for green card as soon as they enter United States and get it in no time. And can apply for citizenship after 5 years just like everyone else.

    So are the refugees from war torn countries.




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  • ggc
    10-18 03:44 PM
    Thank you all for your replies.

    My attorney is in NY, he said he cannot come to CA for my interview.

    Can I take a local attorney just for the interview purpose?

    And we have a 1 year old kid, can we take kid to the interview?



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  • bidhanc
    03-07 12:02 PM
    As far as I know, You can surely send it with a copy of the 485 receipt anytime. I think, there is no way to know if they combine it with the application or not unless they send an acknowledgement.
    Hmm...thanks....
    I am sure there must be more folks like me out there.
    Has anyone done this successfully?
    Did they get any knid of acknowledgement?




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  • snathan
    03-03 09:48 PM
    Hi all,
    consider i am working in location A and need to move to B from next month. is there any restriction in LCA?
    why my company is not even applying? Due to some reasons they dont want to put me in location B and diverting to another location D.?

    what may be the reason? why they are concerned about the offshore salary?

    You should ask these questions to your employer.



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  • imh1b
    01-13 10:20 AM
    I think Lawyers have a system where they can send emails to the service centers in a particular format, the receiving software at USCIS automatically parses the email and assigns the case to officers.

    Or, if it has been a long time since it is current try contacting the Ombudsman.

    Wow

    They can parse emails.

    Don't you think it is too hi-tech and a good futuristic idea?




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  • karthkc
    05-23 01:07 PM
    EAD to H1 involves a status change that while being perfectly legal was just not envisioned policy wise as being a frequent occurrence.

    Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.

    The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.

    Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..

    Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.

    Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...

    If anyone knows more or can confirm this, that would help...

    Thanks!

    --Karthik

    Is EAD to H1 a complicated process? If so what could be the reasons.

    I still have 1.5 years on H1. I posted earlier but didn't get a clear idea.




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  • GCard_Dream
    06-29 03:58 PM
    It is a shady practice. The main reason an employer wouldn't give you a copy of a I-140 is that if you were to leave company A and company B sponsors you for GC, you can keep your old priority date. But that is only possible if you can furnish a copy of approved I-140 to INS. It is such a stupid practice on part of INS to request the petitioner to provide a copy of something (like I-140) that they themselves approved and should already have a record of. But I don't think anyone expects any better from INS anyway.

    I agree that it is a employer driven petition but the employer purposely holds the information back so that they have more control over the employees decision making ( specially if the employee is thinking about leaving the company).

    This is not a shady practice. The employer had petitioned for a labor certification earlier to sponsor GC for an employee who might have left the company. Now they filled the position with you, so its perfectly alright to use the same petition for you.

    As far as the documents are concerned, they are employer centric and they have no reason to give them to you. You will have nothing to do with those even if you get them. If the only purpose you want to solve is to know whether or not your labor and I40 were infact approved as your employer says, you should request your employer to show you a copy.

    The copies are wothless to you if you leave the company anyways, before you get an EAD.

    Don't heed the advise of people who ask you to find a better employer. Such people are only trying to get their own GCs faster, since there will be one less person with an earlier priority date.




    wandmaker
    11-27 03:41 PM
    bablata2007: What is the status of your 140?




    krishnam70
    08-27 06:04 PM
    Krishnam70,

    Thanks for the details. I still have some questions and would like to clarify with you.. Was wondering if you could provide me u r contact number or email id.

    Thanks
    send me a
    message will respond to your questions



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